Judges: PER CURIAM. —
Attorneys: Baskin Jordan, for Relator;
O. L. Dayton, for Respondent.
Filed: Aug. 02, 1933
Latest Update: Mar. 02, 2020
Summary: This is a mandamus proceeding against Honorable O. L. Dayton, as one of the Circuit Judges of the Sixth Judicial Circuit of Florida. Petitioner Victor O. Wehle, an attorney at the bar of Judge Dayton's Court, *Page 203 asks leave to appear as amicus curiae for the purpose of suggesting to this Court that the term of office of Judge Dayton expired on June 3rd, 1933, and that said judge has not been reappointed to the office of Circuit Judge, in consequence of which it is suggested that the procee
Summary: This is a mandamus proceeding against Honorable O. L. Dayton, as one of the Circuit Judges of the Sixth Judicial Circuit of Florida. Petitioner Victor O. Wehle, an attorney at the bar of Judge Dayton's Court, *Page 203 asks leave to appear as amicus curiae for the purpose of suggesting to this Court that the term of office of Judge Dayton expired on June 3rd, 1933, and that said judge has not been reappointed to the office of Circuit Judge, in consequence of which it is suggested that the proceed..
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It having been officially made known to this Court that the respondent, Honorable O. L. Dayton, has resigned his office as such Circuit Judge, effective July 15th, 1933, and therefore would be without authority to comply with a peremptory writ of mandamus, if ordered, it is thereupon considered, ordered and adjudged by the Court that this proceeding be dismissed, but without prejudice to the right of relators to take appropriate proceedings before another Judge of the Circuit Court of the Sixth Judicial Circuit respecting the matters involved in this proceeding.
Dismissed without prejudice.
DAVIS, C. J., and WHITFIELD, TERRELL, BROWN and BUFORD, J. J., concur.
